Sen. Feinstein's bill would repeal Defense of Marriage Act

In the wake of the Supreme Court decision clearing the way for same-sex marriage in California, Jan Mabie, left, and her partner Beth Syverson celebrated their wedding at the Old Courthouse in Santa Ana last month. Sen. Dianne Feinstein wants to repeal the federal Defense of Marriage Act, so that marriages such as this one would be recognized nationally. H. LORREN AU JR., ORANGE COUNTY REGISTER

Update on legal and legislative actions

The American Civil Liberties Union on Tuesday sued the state of Pennsylvania over its ban on gay marriage; on Thursday state Attorney General Kathleen Kane said she will not defend the state. The ACLU expanded an existing North Carolina legal action and announced plans to sue in Virginia. In Michigan, a federal judge blocked a state law denying domestic partner benefits to public employees. The ACLU and Lambda Legal plan to seek summary judgment in Illinois in two gay marriage cases, the New York Times reported.

The National Organization for Marriage, supporter of traditional marriage laws, is backing The Marriage Protection Amendment, introduced in the House last month, and opposes repeal of the Defense of Marriage Act. The group supports Indiana Gov. Mike Pence's call to place a constitutional marriage protection amendment on the November ballot. The group has been working in Illinois, New Jersey and Hawaii "to fend off legislative attacks on marriage."

Thirteen states and the District of Columbia allow same-sex marriage.

California

Connecticut

Delaware

District of Columbia

Iowa

Maine

Maryland

Minnesota*

New Hampshire

New York

Rhode Island*

Vermont

Washington

*effective Aug. 1

Source: Freedomtomarry.org

Think that after last month's Supreme Court ruling the Defense of Marriage Act, known as DOMA, is dead?

It's not, but if California Sen. Dianne Feinstein has her way, it will be. On Thursday, Feinstein and 38 other Democratic senators sent a letter to President Barack Obama encouraging his administration to act swiftly to put the new federal definition of marriage into place.

Last month, she reintroduced a bill to repeal DOMA altogether.

The letter urges the president "to ensure that legally married, same-sex couples are treated equally under federal law regardless of where they live, to the greatest extent possible."

Critics say such efforts would force all states to recognize same-sex marriage, undermining states' rights to determine their own marriage policies.

In June, the Supreme Court ruled that Section 3 of DOMA, which defined marriage for federal purposes as between a man and a woman, is unconstitutional.

The high court said the definition of marriage should be left to individual states.

Section 2 of DOMA, which allows states not to recognize same-sex marriages performed in other states, still stands.

So, married same-sex couples are now eligible for the same benefits as traditional married couples, but the situation becomes more complicated if they move to a state that does not allow same-sex marriage.

Del Dickson, an attorney in Newport Beach, will marry his partner Kirk Bragdon on Saturday. He said the new rules will offer the couple more mobility. They'll be able to take jobs in other states, knowing that at least some federal benefits will be available.

Tiffany Chang, of Long Beach, said that while she and her wife, Lindsey Etheridge, are now eligible for benefits like the Family Medical Leave Act, the biggest change in their lives since the Supreme Court ruling has been the sense of relief. DOMA, she said, "perpetuated a fallacy... that you can distinguish between our family and a heterosexual family."

Jenny Pizer, law and policy project director for Lambda Legal, a gay legal rights group, explained the complexities around those benefits, given different federal agencies have different standards for determining a couple's marital status. Some departments use a "place of celebration" standard while others use a "place of domicile."

With a "place of celebration" standard a couple's marriage is federally recognized as long as the state where they were married authorizes it. A "place of domicile" standard relies on where the couple currently reside. A same-sex couple married in California, who then moved to Texas, would no longer have their marriage recognized by federal agencies that use a "place of domicile" standard.

Pizer said most agencies use a "place of celebration" standard but that Social Security and the IRS traditionally use a "place of domicile" standard.

Evan Wolfson, the founder and president of Freedom to Marry, said the current system creates a "house divided." Married same-sex couples now have access to some, but not all federal benefits.

Obama has directed agencies to begin implementing a "place of celebration" rule whenever possible, but some agencies will need the approval of Congress to do so.

That's where Feinstein comes in. Her bill, the Respect for Marriage Act, would repeal DOMA and compel the federal government to recognize all marriages, regardless of where the couple currently live. The bill was first introduced in the House in 2009. Feinstein introduced the bill in the Senate in 2011. It has 161 original co-sponsors in the House and 41 in the Senate. .

Dale Schowengerdt, an attorney at the Alliance for Defending Freedom, objects to repealing DOMA, saying it is an "added protection" for states, allowing them to choose the policy that best suits their purposes. "States are going to work out this issue on their own," he said.

Feinstein's bill is in the Senate Judiciary Committee, which passed it the first time around in 2011.

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